Sexual assault, tying up young child leads to guilty plea from West Virginia man, gets 75 years in prison
Posted:
Updated:
MARSHALL COUNTY, W. Va. (WTRF) – A Benwood man plead guilty to four felony sex offender offenses in Marshall County Circuit Court Wednesday.
Kacey Smith plead guilty to one count of sexual abuse by a parent/guardian, two counts of sexual abuse in the first degree and one count of sexual assault in the third degree.
Judge Richard Wilson presided over the hearing and Smith was sentenced to 21 to 75 years in prison and has a requirement to register as a sex offender for life.
| Original Report: West Virginia man indicted on 30 felony counts of sexual assault of a minor appears in court
Prosecuting Attorney Joe Canestraro says Smith would be eligible for parole after 21 years but said it would be “very unlikely” that it would be granted.
Smith entered these guilty pleas via Alford Kennedy, which means Smith believes the prosecution has enough evidence to prove his guilt beyond a reasonable doubt, but he doesn’t want to say what he did or go to trial.
We’re pleased with the sentence. Of course, we’re part of the [plea] negotiation. And we got more than what he was willing to do initailly, so we’re happy with that. We’re also happy that we don’t have to put the victim on the witness stand. She’s a young girl.”
Joe Canestraro | Prosecuting Attorney, Marshall County
Smith was arrested on Aug. 27, 2023, after an investigation by Detective Christopher Estrada.
He was advised of the sexual assault occurring near Washington Avenue by a relative of the victim, a young girl who was just seven years old at the time, on Aug. 26, 2023.
The relative told Detective Estrada the victim was not acting normally and was referring to herself as “garbage.” The relative asked the victim what was going on to which the victim said it “was a secret she wasn’t allowed to tell anyone about.”
After more conversation, the victim told her relative that when her mother goes to work, Smith touches her inappropriately.
Detective Estrada then conducted an interview with the victim.
The victim says Smith would call her back to his room after her mother went to work and engage in and make her perform sexual acts.
During the interview with Detective Estrada, the victim drew images of objects she says Smith used during the sexual acts, stating he would “use ropes to tie her up.”
When asked how long the abuse had been happening, the victim, who was seven at the time of the interview, said around the age of five or six.
Canestraro says, “I want to thank Benwood Police Department’s Deputy Chris Estrada for his investigation. And my assistant prosecutor, Andrea Poling, for her dedication and work on the case.”
In the UK, people have a right to challenge sentences whether too harsh or too lenient. America needs that law. America needs to remove George Soros and his son from the country.
A Texas man accused of repeatedly sexually assaulting a child will avoid prosecution on nine felony counts after striking a plea deal with a George Soros-backed Travis County prosecutor, according to a report.
Austin’s ABC affiliate KVUE reported that Richard Leigh Bell, 37, was indicted on nine felony charges — including one count of continuous sexual abuse of a child under 14, six counts of aggravated sexual assault of a child, and two counts of indecency with a child. Those charges were dropped as part of a plea deal that allowed Bell to plead guilty to one count of injury to a child, a third-degree felony.
Under the deal, Bell was sentenced to five years of deferred probation. He must register as a sex offender and is barred from contacting the victim, her family or any minors, KVUE reported. The plea included no jail time.
Outside the courtroom on Monday, the victim’s father told KVUE he was blindsided by the decision and said prosecutors Efrain De La Fuente and Lorraine Garcia failed to include him in discussions about the plea.
Richard Leigh Bell, 37, pleaded guilty to a lesser felony after prosecutors dropped nine child sex abuse charges as part of a plea deal. (Rockbridge Regional Jail)
"I was outraged to find out that this was not only our first and last plea deal, but this was our deal whether I liked it or not," he said.
The father, who was not named to protect the victim’s identity, said he had expected a prison sentence for Bell.
"I think any parent would expect somebody to rot in jail for doing something like this," he told KVUE. "As time went on, I expected a realistic plea deal to be years at least—long enough to serve some time in prison where you belong if you have successfully carried out pedophilic acts."
Travis County District Attorney Jose Garza poses in front of the Austin skyline in a portrait from the county website. Garza has faced criticism for accusations that he aggressively prosecutes police officers accused of wrongdoing while going easy on career criminals. (Travis County DA Website)
In Texas, deferred adjudication lets defendants avoid a conviction if they complete probation successfully, though any violation can trigger sentencing on the original charge. Bell’s probation conditions — including mandatory sex offender registration and no-contact restrictions — will remain in place for the entire five-year term.
Fox News Digital has reached out to Travis County District Attorney Jose Garza’s office and has not received a response.
Garza, who took office in deep-blue Travis County in 2021 after a campaign backed by progressive billionaire Soros, pledged to "reimagine" criminal justice and prosecute police officers. He has defended his record as district attorney, saying he is "doing exactly what Travis County voters elected him to do — fixing our broken criminal justice system by standing with survivors, working to end the excessive use of force by police, and prioritizing treatment over incarceration for nonviolent drug offenses."
Critics have argued that Garza’s office has failed to advocate for victims and has promoted policies that make the city less safe.
He has also faced scrutiny for aggressively prosecuting police officers in a city still divided over the council’s 2020 decision to cut police funding.
That tension came to a head in 2023, when Garza sparked outrage for appearing at the funeral of a fallen police officer — a move some called "a slap in the face."
Florida AG: State to Seek Death Penalty in Child Sex Abuse Case
Florida officials are seeking the death penalty in the case against Nathan Douglas Holmberg, 36, whom a Hernando County grand jury has indicted on 25 counts involving the sexual abuse of children under 12, Florida Attorney General James Uthmeier said Wednesday.
“If you harm a child, we will find you, we will prosecute you, and we will seek the maximum penalty under the law,” Uthmeier said.
Definitely not a Soros-backed AG.
“The nature of these crimes demanded a statewide special task force, and the investigation is far from over. Hernando County Sheriff [Al] Nienhuis and State Attorney [Bill] Gladson have the full support of our Office of Statewide Prosecution,” he added.
Holmberg was indicted on Monday after forensics detectives Vasilero and Weston discovered more than 650 photos and videos of child sexual abuse material on Holmberg’s cellphone, many of them voyeuristic in nature, reports The Hernando Sun.
More than 50 files allegedly depicted capital sexual acts involving three victims, and detectives have identified a total of eight children they believe were groomed by Holmberg.
His alleged victims ranged in age from 3 to 10, with most between 4 and 8 years old. Deputies also found 30 additional electronic devices that may contain more evidence.
The investigation began on Oct. 20 after an unnamed “good Samaritan” discovered evidence of sexual acts against a child on Holmberg’s phone and reported it to authorities, Hernando County Sheriff Al Nienhuis said.
Detectives brought Holmberg in under the pretense of investigating him for having a suspended driver’s license and later confronted him with the evidence.
Police said Holmberg admitted to abusing additional victims but did not specify how many or who they were.
State Attorney Bill Gladson of the Fifth Judicial Circuit said the case demanded the “full weight of the law.”
“When an individual commits a truly heinous crime, as in this case, the full weight of the law must be brought to bear,” Gladson said.
“There is no place for mercy when the acts committed against a child are so unspeakable,” he added. “Accountability will be had, any chance of recidivism will be nonexistent, and justice will be served.”
Nienhuis said Holmberg had been “prowling” across Pasco, Pinellas, and Hernando counties, as well as in the Flagler–St. Augustine–Jacksonville area.
Before moving to Weeki Wachee two years ago, Holmberg had lived in New Port Richey, Jacksonville, and Largo.
Authorities said he often volunteered as a babysitter, at churches, and even as a coach, though not within the Hernando County School District, and that “a good portion, if not a majority” of his alleged victims were local residents.
Nienhuis said Holmberg’s alleged crimes mirrored those in a 2012 Jacksonville case, in which he was arrested for capital sexual battery but ultimately pleaded guilty to child abuse.
He was not designated as a sexual offender or predator at that time, and detectives believe all of the acts found on his phone occurred after that conviction.
Holmberg is being held without bond, and the Hernando County Sheriff’s Office is coordinating with Uthmeier and Gladson.
Authorities declined to release identifying details about the victims and urged the public not to share information that could further harm survivors.
Families with information are asked to contact the sheriff’s tip line at 352-797-3899 or email tips@hernandosheriff.org.
St. James man, former policeman in Doolittle, charged with child sex crimes
Missouri State Highway Patrol’s Division of Drug and Crime Control (DDCC) on Wednesday arrested Carl E. Swanson, 41, of St. James, and a former policeman in Doolittle, Mo., on three felony counts alleging child sexual abuse.
The DDCC cited a lengthy investigation by the Troop I Criminal Investigative Unit of the Missouri State Highway Patrol.
Phelps County Sheriff’s Office on April 28, 2025, sought DDCC assistance with an investigation into Swanson on the child-sex abuse case.
Swanson was transported to the Phelps County Jail and placed on an investigative hold. The Phelps County Prosecuting Attorney formally charged Swanson on Nov. 5 with one count each on allegations of first-degree child molestation, second-degree rape, and second-degree statutory sodomy. He was jailed in Phelps County with bond set at $250,000. Bond was posted for Swanson on Thursday.
